With DACA and a travel document, some noncitizens may be able to leave the U.S. and return legally.

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If you have applied for and received Deferred Action for
Childhood Arrivals (DACA), this may be the first opportunity you’ve had in a
long time to travel outside the U.S. and return legally. Something called “Advance
Parole” makes it possible for you to leave the U.S. without losing your DACA status.

This possibility is neither automatic nor risk-free,
however. This article will discuss both whether and how to apply for Advance
Parole as a DACA recipient.

Risks of Traveling With Advance Parole as a DACA Recipient

Just to be clear, your DACA status is not enough by itself
to allow you to leave the U.S. and be admitted back upon your return. You
should not even attempt to travel without first applying for and receiving an
Advance Parole Document. If you leave without Advance Parole, you will likely
be denied reentry and your DACA approval will be cancelled.

However, being approved for Advance Parole does not
guarantee your safe return either. The Customs and Border Protection (CBP) officer
whom you will meet upon your return can deny your entry if he or she thinks you
are “inadmissible,” most likely for health or security reasons. (It’s even
possible that you would be found inadmissible based on your past unlawful
presence in the U.S. and a three- or ten-year bar would be placed upon your
return. Though recent legal decisions suggest that this is unlikely, it’ an
unsettled part of immigration law and may change at any moment.) Plus, you’ll
be in a weaker arguing position than someone who has, say, held a U.S. green
card (lawful permanent residence) for a number of years.

Worse yet, if you have an outstanding order of removal or deportation
on your record (perhaps because an immigration court ordered you deported, or
you neglected to show up for a court hearing), leaving the U.S. could be viewed
as your having followed through with the deportation. You would not be allowed
to return to the U.S. for many years (the exact length depends on the reason
for which you were ordered deported). Definitely see an attorney if you are in
this situation. The attorney may be able to reopen the immigration proceedings
and then have them closed based on your DACA grant.

Who Is Eligible to Apply for Advance Parole as a DACA Recipient

Simply wanting to take a vacation is not enough to qualify
DACA recipients for an Advance Parole travel document. You will need to show
not only that you have been approved for DACA, but that you have a reason for
traveling, either for:

urgent humanitarian
purposes, which include medical assistance, to attend a family member’s funeral,
visiting a sick relative, or some other urgent family-related matter

educational
purposes, including taking part in a study abroad program or doing academic
research, or

employment
purposes, including overseas assignments or client meetings, interviews,
conferences, training, and travel needed to pursue a job with a foreign
employer in the United States.

Along with your application (described next), you will need
to supply authoritative documentary evidence to back up whichever of these purposes
you claim.

If you are in any doubt as to whether your reason for travel
is sufficient, by all means consult an experienced immigration attorney. For what’s
likely to be a flat fee, you will greatly improve your chances that your
application fee won’t go to waste!

How to Apply for Advance Parole as a DACA Recipient

To apply for Advance Parole, you will need to submit the
following to U.S. Citizenship and Immigration Services (USCIS):

Form I-131, issued by USCIS (see below).

Copy of a photo identity document, such as a
driver’s license or passport identity page.

Proof that you have been approved for DACA (Form
I-797).

Documents in support of your claimed basis for
travel

Information about your intended dates of travel
and the duration of your trip or trips (which you should provide in Part 4 of
Form I-131), and

Application fee ($360 as of 2014; see the USCIS website
for the latest).

Form I-131 is available from the USCIS website as a free
download on the I-131,
Application for Travel Document page of the USCIS website, as are extensive
instructions. Form
I-131 is used for a number of purposes, so be careful to focus only on the
sections that apply to Advance Parole applicants.

For help in determining what sorts of documents to provide
as proof of your reason for travel, see the “General Requirements” portion of the
USCIS instructions, on Page 8 at 1.c.(5). The more official the documents you provide,
the better. For example, if you wish to travel because of a family member’s
death, you would want to provide a copy of the death certificate and/or funeral
announcement. (Do not send in originals – you will not get them back.)

Again, consulting an experienced immigration attorney for an
analysis of whether you should attempt to apply for Advance Parole and the
risks of departure, and for help with preparing a convincing application, would
be an excellent idea.

If Your
Application for Advance Parole is Granted

If USCIS approves you for Advance Parole,
it will send you a document, known as Form I-512L, Authorization for Parole of
an Alien into the United States. Take this document (the original, not a
copy) with you when you leave the U.S. -- you’ll need to show it before getting on
the plane, ship, bus, or train headed back to the U.S. and to the CBP officer
when you return.

Look closely at the form, because it contains the last date you
can use it to return. Make sure you don’t stay outside the U.S. past that date.